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SHAMIE v. GROSSMAN

Docket No. 9749.

34 Mich. App. 97 (1971)

190 N.W.2d 734

SHAMIE v. GROSSMAN

Michigan Court of Appeals.

Decided May 25, 1971.

Attorney(s) appearing for the Case

John Cozart, Jr., for plaintiff.

Hyman & Rice, for defendants.

Before: DANHOF, P.J., and FITZGERALD and QUINN, JJ.

PER CURIAM.

Plaintiff filed an action on the promissory note of defendants. They moved for accelerated judgment on the basis of payment, GCR 1963, 116.1(5), and supported the motion with an appropriate affidavit. Although afforded ample opportunity by way of amendment and discovery, plaintiff did not rebut the allegations of payment contained in defendants' affidavit, and accelerated judgment in their favor entered.<...

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